Parle Agro, the manufacturer of the popular Appy Fizz brand, has filed a trademark infringement suit against PepsiCo India Holdings in the Delhi High Court. The lawsuit alleges that PepsiCo’s use of the word “Fizz” on its 7Up packaging infringes on Parle’s trademark rights over the Appy Fizz brand. Parle argues that the term “Fizz” is a distinctive and protected element of its Appy Fizz trademark, which has been a leader in India’s sparkling fruit drink category since its launch in 2005.
Parle claims that PepsiCo’s use of “Fizz” on 7Up packaging could confuse customers and dilute its brand identity. The company is seeking an injunction to stop PepsiCo from using “Fizz” in any branding, marketing, or packaging for 7Up. The case is currently pending, and the court has yet to set a final hearing date. This lawsuit has significant implications, as it could lead to consumer confusion if two major beverage brands use the same term for their products.
Parle is defending not just a word, but years of marketing and consumer recognition built around Appy Fizz. If Parle wins, PepsiCo could be forced to change its packaging and campaign materials for 7Up in India. This is not the first time the two companies have clashed over trademarks. In 2023, they were involved in a dispute over PepsiCo’s “For the Bold” slogan, which Parle argued was too similar to its own B Fizz marketing.
The outcome of this case will have significant implications for trademark protection in India, particularly in highly competitive markets like beverages. If Parle succeeds, it could strengthen protections for descriptive trademarks, which could have a major impact on the industry. The case will test how Indian courts interpret trademark protection for individual words that describe product qualities. The road ahead will be closely watched by industry experts and lawyers, as it could set a precedent for future trademark disputes in India.
The case highlights the importance of trademark protection and the need for companies to carefully consider their branding and marketing strategies to avoid infringing on existing trademarks. Parle’s decision to take legal action against PepsiCo demonstrates its commitment to protecting its brand identity and intellectual property. As the case progresses, it will be interesting to see how the court rules and what implications this will have for the beverage industry in India.